V. Arockiyadas @ Jeyamadavan v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN V.Arockiyadas @ Jeyamadhavan ... Petitioner -vs1.The District Collector, Ramanathapuram District.
2.The District Revenue Officer, Ramanathapuram District.
3.The Assistant Director, Settlement and Survey Department, District Survey Office, Ramanathapuram.
4.Madhavan, The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.
5.Justin Fernando, The Deputy Tahsildar (Election), Thiruvadanai Taluk, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to consider and dispose of the petitioner's representation dated 14.09.2020 in respect of surveying the property in Survey No.31 in its entirety situated at Nedumaram Village, Thiruvadanai Taluk, Ramanathapuram District as expeditiously as possible within the time stipulated by this Court. For Petitioner : Mr.R.Anand For Respondents 1 to 3 : Mr.M.Pandiya Rajan Additional Government Pleader ***** 1/3
ORDER
This writ petition is filed seeking issuance of Writ of Mandamus to direct the first respondent to consider and dispose of the petitioner's representation dated 14.09.2020 in respect of surveying the property in Survey No.31 in its entirety situated at Nedumaram Village, Thiruvadanai Taluk, Ramanathapuram District within the stipulated time.
2.Heard the learned Counsel appearing for the petitioner and Mr.M.Pandiya Rajan, learned Additional Government Pleader, who took notice for the respondents 1 to 3. Since this Court is not going to pass any adverse orders against the fourth and fifth respondents, notice to the fourth and fifth respondents is dispensed with. 3.The learned counsel appearing for the petitioner would submit that as the survey has not been done properly, the petitioner has given representation to the first respondent on 14.09.2010. Since the said representation has not been considered by the first respondent so far, the petitioner has come forward with the present Writ Petition.
4.Considering the facts and circumstance of the case and without going into the merits of the matter, this Court is inclined to issue the following direction:
The first respondent is directed to consider the representation of the petitioner dated 14.09.2020 and survey the property in the light of the judgment made in W.P.(MD)No.13465 of 2020, dated 13.10.2020 and in case of issuance of patta, after survey, the directions issued by this Court in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 should be scrupulously followed. The said exercise shall be done within a period of three months from the date of receipt of a copy of this order, after affording an opportunity of hearing to the persons who are likely to be affected.
5.With the above directions, the writ petition, is disposed of. No costs.
Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM 2/3
To 1.The District Collector, Ramanathapuram District.
2.The District Revenue Officer, Ramanathapuram District.
3.The Assistant Director, Settlement and Survey Department, District Survey Office, Ramanathapuram.
4.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.
+1 CC to M/s.GP ( SR-20480[F] dated 16/10/2020 ) W.P(MD)No.14432 of 2020 15.10.2020 vr(CO) TR(09.11.2020) 3P 6C 3/3